Gujarat HC upholds acquittal of 8 accused in ‘attack’ on Dalit RTI activist

They were facing charges under Indian Penal Code sections 504 (intentional insults to breach peace), 506(2) (criminal intimidation) and 114 (abetment), under section 135 of the Bombay Police Act and under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (intentionally insult or intimidate with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view).

Boricha had said that he had objected when the accused in 2009 were making a thorn boundary behind his house. They had allegedly threatened Boricha with weapons such as dhariyu, lakdi, khuhadi and hurled casteist abuses at him.

While upholding the trial court’s acquittal, the judge reasoned that under section 3(1)(x) of the SC and ST (Prevention of Atrocities) Act, the insult must take place in public, adding that in the present case, the witnesses were Boricha’s family members.

“In the cross examination of the complainant (Boricha) and witnesses, it is clear that the complainant had filed several other atrocity complaints against many person and even the complainant had lost election against the respondent and there are all possibility that the complainant has filed false complaint keeping vengeance against the accused,” the court observed in its verdict.

The court further observed that it appeared that Boricha, “keeping grudge of the defeat in the election”, lodged the FIR to “fulfil his ulterior motives.” The court also said that Boricha was “habitual to file complaints under the Atrocity Act”.

The court also took into consideration that Boricha had filed his complaint nearly more than two weeks after the alleged incident and had not provided any reason for the delay. The place where the boundary was allegedly being built belonged to the accused, not Boricha, the court further said, adding that they “were tying their cattle”.

The eight acquitted people are Mahendrasinh Ajitsinh Gohil, Vanrajsinh Ramdevsinh Gohil, Kiritsinh Jilubha Gohil, Devendrasinh alias Devubha Ramdevsinh Gohil, Mahendrasinh Jaydevsinh Gohil, Nareshsinh alias Nirmalsinh Ajitsinh Gohil, Ashoksinh Ranjitsinh Gohil and Ranjitsinh Chhatrasinh Gohil.